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MI SB0828
Bill
Status
3/11/2020
Primary Sponsor
James Runestad
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AI Summary
SB 828 Summary
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Establishes the "Transparency in Private Attorney Contracts Act" to regulate contingency fee contracts between the Michigan Department of Attorney General and private attorneys.
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Requires the department to make written determinations that contingency fee representation is cost-effective and in the public interest before entering contracts, including analysis of department resources, required legal skills, case complexity, and geographic location.
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Sets tiered contingency fee caps: 25% on amounts under $10 million, declining to 5% on amounts of $25 million or more, with an aggregate cap of $50 million per contract excluding expenses.
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Mandates government attorneys retain complete control over matters, personally oversee litigation, attend settlement conferences, and make all settlement decisions, while private attorneys must maintain detailed financial and time records available for department inspection.
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Requires the department to post executed contracts and fee determinations on its public website within 5 days, post payment information within 15 days, and submit annual reports to legislative leaders detailing all contingency fee contracts, amounts recovered, and fees paid.
Legislative Description
State agencies (existing): attorney general; contingency fee contracts with a private attorney; require certain determinations be made before executing and certain provisions be included in, and require reporting. Creates new act.
State agencies (existing): attorney general
Last Action
Referred To Committee On Oversight
3/11/2020